Furniture Causes FedEx Fits


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Most of us have been there. You can just barely afford to pay the rent. But forget about buying furniture -- not if you want to eat, anyway.

Jose Avila recently found himself in just that predicament. Although he has a good job as a software developer, he's locked into two rents after moving to Arizona, and has no extra cash for an Ikea shopping spree. But instead of scouting street corners for a ratty, unwanted couch, Avila got creative and built an apartment full of surprisingly sturdy furniture -- out of FedEx shipping boxes.

Fanciful as his creations may seem, FedEx is not amused. The shipping giant's lawyers have sent Avila letters demanding he take down the site he created to document his project, invoking, among other things, the Digital Millennium Copyright Act (.pdf), or DMCA.

Avila has outfitted his entire apartment with FedEx box designs, including a bed, a corner desk with wall shelves, a table, two chairs and a couch. Drawing from architecture and drafting classes he took in college, Avila has designed pieces that are surprisingly un-boxy.

He was blindsided by the cease-and-desist letter from the company to which he proclaims long-standing loyalty.

"I was surprised, actually," Avila said. "One thing I?ve always stood behind is I'm pro-FedEx. I ship stuff with FedEx all the time and I feel more comfortable shipping with FedEx because their boxes are stable and sturdy."

And that translates to strong furniture, Avila said. The bed can handle his 5-foot-6-inch, 165-pound frame, even when he jumps up and down on it (an experiment he tried in response to an e-mail asking if the bed could support two people).

Avila said he never intended to make money from the site, or to exploit FedEx in any way. He said he simply wanted to spread the word that "it's OK to be ghetto."

"That's pretty much the motto of the site," he said. "When you're stuck in a bind and you're feeling down, it's not the end of the world."

But that feel-good message seems to be lost on FedEx. The company claims that Avila is infringing on its trademark and its copyright. The day after Avila launched the site in June, FedEx asked him to take it down, claiming he had violated the DMCA.

Lawyers at the Stanford Law School Center for Internet and Society, who are representing Avila, argued the company's claims don't relate to copyright and therefore the DMCA doesn't apply. Rather, the claims refer to trademark infringement and conversion. After talking with his lawyers, Avila put the site back up.

"DMCA only applies to copyrighted works, and they were basically making trademark-related claims, so it was completely outrageous," said Lauren Gelman, associate director of the Stanford center. "This is just an example of how lawyers take advantage of copyright laws to use protecting provisions like those in the DMCA to take down stuff they just don't like."

A FedEx representative did not respond to questions about the claims and whether the company planned to take legal action against Avila.

In a letter (.pdf) sent Aug. 3 to Jennifer Granick, director of the Stanford center and Avila's lawyer, FedEx also claims Avila violated fedex.com's terms of use, which state that "fedex.com is provided solely for the use of current and potential FedEx customers to interact with FedEx and may not be used by any other person or entity, or for any other purpose.?

In her response to FedEx (.pdf), Granick took issue with that argument.

"Frankly, it's the most interesting of the legal claims," Gelman said. "But in this case I see nothing in the terms of service that would prevent (making furniture from FedEx boxes and displaying them on a website)."

FedEx also said in the Aug. 3 letter that Avila clearly intended to operate a business from his website because he used the .com domain suffix, the "commercial level domain," rather than .net.

"There is absolutely no rule, regulation or law that says that," Gelman replied.

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Jose Avila built this table and chairs set from FedEx boxes and shipping supplies. The shipping company claims he's violating trademark and copyright laws and wants him to take down his website.

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This is the prototype FedEx desk, built by Avila's friend Tom Enlow. It inspired Avila to create his own FedEx furniture.

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Jose Avila built a new-and-improved corner desk and shelves using only FedEx materials. He says he works at the desk almost 20 hours a day.

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This 9.5-foot couch is constructed out of sturdy shipping boxes.

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This FedEx-box bed can withstand Jose Avila's weight, even when he jumps up and downSource: Wired

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FedEx wants to make money of the boxes that they give away "for free." The reason they give them away is that they want you to pay them to ship whatever you put in it. They're not making any money off of all of these boxes they paid to have made, and they're mad. That's probably part of the reason they're trying to do something.

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i used to work for fedex and they are really reaching with their claims of infringment. I know when i worked for them I got some of their other shipping boxes for my mom to store xmas ornaments. i wonder if i took pictures and put it on a web site if i would get a cease and desist order.

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I would have thought FedEx would have thanked the guy for that. It would have made FedEx even more popular among shipping companies.

(customers will know that FedEx makes sturdy boxes, so they can be assured of the condition of their items)

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